NY gov faces legal minefield in conduct inquiries

NEW YORK (AP) - Legal experts say the next few days and weekscould be the most dangerous yet for the embattled administration ofGov. David Paterson. There has been a whirlwind of speculation this month that eitherPaterson, his staff or state police officials could face charges ofwitness tampering or obstructing justice over their handling of adomestic violence case involving one of the governor's top aides. But ultimately, the greater legal hazard to Paterson and membersof his team may be the temptation to be less than truthful withinvestigators from the state attorney general's office nowinquiring about the matter. "That is the number one concern," said former Albany Countyprosecutor Paul DerOhannesian. "The attorney general is interviewing people under oath," hesaid. If subjects of the inquiry lie about anything, even minordetails, they could face a perjury charge, he said. The veteran Bronx defense attorney, Murray Richman, said if hewere advising the governor in the case, he would tell him to invokethe Fifth Amendment and not answer any questions. "They are going to get someone in a lie, and it's going to comeback and bite someone," he predicted Friday. Attorney General Andrew Cuomo launched an investigation a weekago into the Paterson administration's dealings with a woman whohad accused his top aide of assaulting her in their home on Oct.31. Sherr-una Booker said Paterson staffer David Johnson choked her,ripped off her Halloween costume and pushed her into a mirror. Noarrest was made, but Booker sought a court order requiring Johnsonto stay away. She told court officials that in the days after thealtercation, "the state troopers kept calling and harassing me todrop the charges." Paterson himself ultimately spoke with Booker. A day after thatcall, she didn't show up for a scheduled court appearance and theprotective order she had sought was vacated. Legal experts said the attorney general's office is likelyinvestigating whether Paterson or his aides directed the statepolice to pressure Booker to drop the case. Several high ranking state police officials have already beenquestioned. Some have been asked to come back for secondinterviews. Separately, the state's Public Integrity Commission has accusedPaterson of violating the law by soliciting free tickets to the2009 World Series and then lying to investigators about hisintention to pay for them. The case was referred to the Albany County prosecutor's officeand the attorney general for possible criminal investigation. Paterson has declined to answer questions about his conduct, buthas insisted he never abused his office. "I don't have any plans to resign," he said Friday. "At acertain point, I will cooperate with the investigations and will beclearing my name." Maki Haberfeld, a professor of Police Studies at John JayCriminal College who specializes in police misconduct, said thestate police involvement in the domestic violence affair seemed, atthe very least, like an abuse of power. "This is such a classic corrupt behavior. Let's intimidate thewoman so she won't complain," she said. "It's like stepping back100 years." Whether that intervention was illegal is less clear cut, saidHolly Maguigan, a professor of clinical law at New York UniversityLaw School. Intent is key, she said. Paterson may have reached out with theintent of enlisting the woman's help managing a political crisis,she said, and not for the express purpose of getting her to quitthe court case. "It might appear inappropriate, but without a demonstratedintention to keep the victim from testifying, there is nothingcriminal," she said. The episode has already led to the resignation of the head ofthe state police and the governor's top criminal justice adviser. With the full story of the administration's involvement stilluntold, "there are a lot of ifs," said defense lawyer JosephTacopina, a fierce Paterson critic. He said that, to him, the early state police intervention lookslike "a clear case of obstruction of justice or of witnesstampering," but a lot could depend on exactly what the trooperssaid to the woman and who instructed them to intervene. If she was explicitly threatened, or warned there would beunpleasant repercussions if she pressed charges, a prosecutor couldmake a solid tampering case, Tacopina said. But, he added, if the trooper approached her as a friend,counseled her on her court options and then gently suggested thathigh profile domestic abuse cases are sometimes hard on victims,criminal intent might be harder to prove. "If he just says something like, 'You really don't want to dothis,' what does that even mean?" he said. "It is also the stateof mind of the listener. Did she feel intimidated?"

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